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#corporate-law#alberta
Asked: a month ago

Can a company be sued after it has been closed?

A Philipino-Canadian businessman who owns a company in Calgary and had been living in the Philippines since 2016 offered my brother and 2 other guys landed immigrant visa (with his company as petitioner) back in May 2017… (Read more)


Samuel Michaels

Founder & Lawyer, SM Legal


In these circumstances it may be possible to seek legal recourse in Canada; however, only a judge can ultimately determine whether there were damages incurred and who should be liable. In some situations it is possible to pursue the directors or officers of a closed corporation but this is a highly circumstantial determination.


Answered: a month ago
#corporate-law
Asked: a month ago

Can a business advertise a charitable donation in its marketing campaign?

Is it legal to give away some percentage of one's business profit (a sole proprietorship's profit in this case) to the community directly e.g. food bank, as a form of corporate social responsibility; and to also include… (Read more)


Samuel Michaels

Founder & Lawyer, SM Legal


In general, it is not illegal for a corporation to donate a portion of it's profits to charity, so long as it has retained sufficient funds to meet its debt and liability obligations.


In terms of advertising, any advertising of the charitable donation should be clear, concise and accurate. There is some risk of liability for false advertising if there are inaccuracies in how the charitable donation scheme is presented or marketed.


Answered: a month ago
#corporate-law#ontario
Asked: 2 months ago

Can I apply for the pension monies of my late ex-husband, for the years we were married?

My ex-husband worked for a car manufacturer company all his working life. He passed away recently, and I was told I would be able to apply for pension monies for the years we were married, no matter what the divorce docu… (Read more)


Samuel Michaels

Founder & Lawyer, SM Legal


The best course of action would be to reach out to your late ex-husband's employer - General Motors - to determine if you might have a claim on a portion of the pension, corresponding to the years you were in marriage.


Legally speaking, pensions are divided during divorce proceedings, but it is possible for a beneficiary to exist, who isn't a spouse.


Finally, it could be in your best interest to have a lawyer representing you in dealings with GM.


Answered: 2 months ago
#corporate-law#ontario
Asked: 2 months ago

How can I separate my personal assets from my real estate company where I'm a director, in case of any legal liability?

If I am the director of an incorporated company that owns a building and the company is also the landlord can any legal cases be brought against me personally from the landlord and tenant board and also normal courts? If… (Read more)


Samuel Michaels

Founder & Lawyer, SM Legal


To answer your question, in general there is no way to completely avoid liability in the Canadian legal system. Firstly, criminal liability is always a possibility if someone commits a criminal act. Secondly, negligence on the part of a corporation can be traced back to officers and directors through what is called "director's liability". In terms of setups that lessen the risk of liability, incorporation is certainly helpful. It is possible for you to structure your corporation to minimize your involvement; however, if a shareholder retains control that will increase their risk of liability overall. In general, I would recommend for you to act lawfully regardless of whether it is as an individual or through your corporation. Though incorporating offers significant protection, it will never be a "sure thing" in terms of liability, there will always be some, even minimal, risk. I suggest you take a look at the following Canada Legal Help blog: http://canadalegalhelp.com/limited-liability-demystified/ I hope this will help answer your questions!


Answered: 2 months ago
#corporate-law
Asked: 2 months ago


Samuel Michaels

Founder & Lawyer, SM Legal


Generally, to protect a brand in Canada, the name must be trademarked in Canada. Historic use does not guarantee exclusivity to a name. You may wish to do a CIPO search for the name, if it is not registered and there is no corporation registered under the name, it is unlikely you will face further legal action.


Answered: 2 months ago